Legal Opinion

Roberto Bustamante Et Ux. v. First Federal Savings and Loan Association of San Antonio, Montelongo Lumber Company

Court of Appeals for the First Circuit

Decided June 16, 1980No. 78-2370PublishedCited by 57 opinions

1Opinion of the Court

FRANK M. JOHNSON, Jr., Circuit Judge:

Appellants, Roberto and Bertha Busta-mante, filed this action in the district court alleging several violations of the Truth-in-Lending Act in a loan transaction. The lower court found that there was a misstatement of the annual percentage rate and awarded the maximum of $1,000.00 damages to each plaintiff and $1,000.00 in attorney’s fees, but denied rescission of the credit contract. We hold that the Busta-mantes were entitled to rescind the transaction but were not entitled to forfeiture of the loan, and we also remand for a redeter-mination of…

2Cases cited11 opinions

  1. Mary S. Smith v. Don Chapman, D/B/A Don Chapman Motor SalesCourt of Appeals for the Fifth Circuit · 1980
  2. Fannie Thomas, Plaintiff-Appellee-Cross v. Myers-Dickson Furniture Company, Defendant-Appellant-CrossCourt of Appeals for the Fifth Circuit · 1973
  3. Joseph E. Gerasta, Josefina E. Gerasta, Wife of Joseph E. Gerasta v. Hibernia National Bank v. U. S. Building Materials Co., Inc.Court of Appeals for the Fifth Circuit · 1978
  4. Sosa v. FiteCourt of Appeals for the Fifth Circuit · 1974
  5. Lelar M. Lagrone v. Alan H. JohnsonCourt of Appeals for the Ninth Circuit · 1976

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3Cited by57 opinions

  1. Palmer v. Champion MortgageCourt of Appeals for the First Circuit · 2006
  2. Diane Jeter v. Credit Bureau, Inc.Court of Appeals for the Eleventh Circuit · 1985
  3. Charles W. GRANT, Ronald Bergwerk, Plaintiffs-Appellants, v. GEORGE SCHUMANN TIRE & BATTERY COMPANY, Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1990
  4. Melvin T. Yamamoto Elaine S. Yamamoto Maxine H. Tampon v. Bank of New York Bnc Mortgage U.S. Financial CorporationCourt of Appeals for the Ninth Circuit · 2003
  5. In Re Patricia G. Smith, Debtor. Patricia G. Smith v. American Financial Systems, Inc.Court of Appeals for the Eleventh Circuit · 1984

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